Whether slipping on ice while walking into work or losing your balance due to a slick spot at a local grocery store, slip-and-fall accidents can lead to serious injuries. Property owners are responsible for keeping their property safe, and this often includes removing hazards that could result in this type of accident.
The laws that govern liability for slip-and-fall actions are generally creatures of state. As such, the rules vary depending on the state you are in. In New Jersey, it is important to keep these two points in mind: comparative negligence and claim complications.
What do I need to know about comparative negligence in slip-and-fall accidents?
There are three general legal structures used to hold a property owner accountable in this type of accident: contributory negligence, pure comparative negligence and modified comparative negligence. New Jersey is a state that has a modified comparative negligence rule when it comes to these accidents.
Essentially, that means that a victim can be partially at fault and still receive compensation from the property owner. If, however, the court finds that the victim is more than 51 percent at fault, the victim will likely not be able to receive compensation for his or her injuries.
What kind of claim complications can arise?
When moving forward with a claim against property owner, complications can arise. In some cases, two property owners may be liable for the injury. This could happen if both the property owner and a store owner that is renting the property are found to have contributed to the accident.
It is best to illustrate the issue that can arise in this case with an example. If both the property owner and the store owner are found one-third liable for the injury, the victim may be able to receive the full two-thirds from one party. This can be helpful for the victim. In these situations, the victim can receive full payment and the property owner can put in the time and effort required to get the payment out of the other party – in this case the store owner.